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Wednesday, June 8, 2011

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    05-17 12:40 PM
    Last week we became members of Global Alliance of Hospitality Attorneys (, this will allow us to serve our clients even better and offer solution to the ever changing global workforce that the hospitality industry is facing.

    Whether transferring employees between international properties or employing management trainees, immigration is an integral part of the hospitality industry. The top seven visa types utilized by the hospitality industry are the J-1, H-3,H2B, L-1,E2, TN and H-1B. The following is a brief outline of each of these visa types:

    E2 Visa (

    This is also known as the nonimmigrant investor visa. It is a temporary category that is granted in two-year to five year increments with no limits on the number of extensions. In comparison, the H-2B is limited to 10 months with 3 extensions. The E-2 category is available to citizens of countries that have a treaty of trade or commerce with the U.S. such as the Holland, France and the UK The State Department does not require any specific size investment. Rather it says the business owner must invest a "substantial amount of capital" that generates "more than enough income to provide a minimal living for the treaty investor and his or her family.".

    An E-2 allows European nationals to manage investments that are at least 50% Euro owned. The visa requires that the U.S. investment be substantial and generates a substantial income. While there are no hard and fast figures on what the minimum investment amount is, the USCIS generally require a business investment of $150,000 or more, but the investment amount depends on the nature of the business. For example, opening up a restaurant in downtown San Diego would require 500,000 dollars while opening up a Catering business firm may only require start up costs of $70,000. This is why there is no fixed figure on a minimum investment amount.

    The E-2 investor must show that its return on investment is more than what is necessary to merely support the investor in the U.S. Another example illustrates how this works. An E-2 investor wishes to establish a French Bakery and will invest $35,000 to buy the equipment. He expects the Bakery to generate $60,000 in gross sales. This business would probably not qualify because the gross income generated would not be substantial. The Bakery would only generate enough money to support the investor.

    H2B Visa (

    Temporary nonimmigrant classifications that allow noncitizens to come to the United States to perform temporary or seasonal work that is nonagricultural (such as hospitality or resort work) if persons capable of performing such a service or labor cannot be found in this country. Up to 66,000 new visas are available each year in this category. The number has been reached increasingly earlier every year. In Fiscal Year 2007, the first half of the cap was reached 3 days before the year began and the second half was met 4 months before the period began. From March of 2005 through September of 2007, returning workers were exempt from counting toward that cap due to the lack of temporary workers. Congress is considering renewing this popular policy.

    Employer's need must be temporary: Visas are only authorized if the employer can demonstrate a "temporary" need, that is, less than one year, and that the need is either a "one-time occurrence," a "seasonal need," a "peakload need" or an "intermittent need." The employer cannot use this category for permanent and long-term labor needs.

    Employee's intent must be temporary: The nonimmigrant worker must intend to return to his or her country upon expiration of his or her authorized stay. The worker may be required to prove ties to his or her home country.

    J1 Visa

    For seasonal/temporary employment, there is the J-1 Summer Work/Travel Program, which allows foreign college or university students to work in the U.S. during their summer vacation.

    This type of J-1 classification is valid for four months and allows the students to assist
    companies in meeting current labor demands. In addition, the biggest benefit to this type of J-1 classification is that the foreign students can do any type of work for the company. It is not necessary for the work to be related to the student�s degree.

    The Management Trainee J-1 visa classification is another viable option and is valid for twelve to eighteen months and considered relatively easy to obtain. The potential trainees must possess a post-secondary degree or professional certificate and one year of work experience in their occupational field from outside the U.S. Five years of work experience in their occupational field can also be used in place of the post-secondary degree or professional certificate.

    H3 Visa

    The H3 has become a popular option for many of our Hotel clients and we use it for certain trainees that need advanced training that is NOT available in their home countries.

    An application for an H-3 visa requires the prior filing with a BCIS service center of a petition by the foreign national�s prospective trainer on Form I-129 with an H Supplement, a training program including the names of the prospective trainees, and the proper filing fee. The petition may be filed for multiple trainees so long as they will be receiving the same training for the same period of time at the same location. Additionally, the petition must indicate the source of any remuneration received by the trainee and any benefits that will accrue to the petitioning organization for providing the training. The trainee must demonstrate nonimmigrant intent by having an unabandoned residence in a foreign country. There are no numerical limits on the number of H-3 petitions issued each year. H-3 visas are not based on college education.

    Upon approval of the petition, an I-797 Notice of Action of approval is issued by the service center. The foreign national submits the I-797 approval notice to an American consulate abroad with Form DS-156 and, if necessary, the DS-157 and other forms required by the consulate to obtain an H-3 visa stamp. A foreign national in the United States may apply for change of status to H-3.

    TN Visa

    NAFTA is the North American Free Trade Agreement. It creates special economic and trade relationships for the United States, Canada and Mexico. The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals to work in the United States. Permanent residents, including Canadian permanent residents, are not able to apply to work as a NAFTA professional.

    The Conditions for Professionals from Mexico and Canada to Work in the United States

    * Applicant should be a citizen of Canada or Mexico;
    * Profession must be on the NAFTA list; - Hotel Manager is a NAFTA category
    * Position in the U.S. requires a NAFTA professional;
    * Mexican or Canadian applicant is to work in a prearranged full-time or part-time job, for a U.S. employer (see documentation required). Self employment is not permitted;
    * Professional Canadian or Mexican citizen has the qualifications of the profession

    Requirements for Canadian Citizens

    Canadian citizens usually do not need a visa as a NAFTA Professional, although a visa can be issued to qualified TN visa applicants upon request. However, a Canadian residing in another country with a non-Canadian spouse and children would need a visa to enable the spouse and children to be able to apply for a visa to accompany or join the NAFTA Professional, as a TD visa holder.

    L1 Visa

    L-1 category is meant for aliens coming to the United States on temporary assignment for the same or an affiliated employer for which the alien worked abroad for at least one year within the proceeding three years. Many large hotel chanins have takes advantage of this visa to bring top executives to the US locations or workers with specialized skills. The alien must be employed in a managerial or executive capacity (L-1A) or one involving specialized knowledge (L-1B). There is no annual limit on the number issued.

    The family members of L-1 alien can come to the U.S. under L-2 category. However, they cannot engage in employment in the United States unless they change the status to a nonimmigrant category for which employment is allowed.


    A U.S. employer or foreign employer (must have a legal business in the U.S.) seeking to transfer a qualifying employee of the same organization must file petition with USCIS.

    H1B visa

    Aliens coming to the United States to perform services in a specialty occupation or as a fashion model of distinguished merit and ability are classified under H-1B category.

    A maximum of 65,000 H-1B visas are issued every year. The H-1B visa is issued for up to three years but may be extended for another three years. Individuals cannot apply for an H-1B visa to allow them to work in the US. The employer must petition for entry of the employee.

    Specialty occupation is defined as an occupation, which requires:

    * Theoretical and practical application of a body of highly specialized knowledge, and
    * Attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry

    A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor's degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations.

    We have processed H1B visas for Front Desk managers, food service managers, Chefs, Public Relations specialists, and Lodging Managers as well as other specialized positions.

    The above referenced visas will allow Hotels, Resorts and Restaurants to hire any type of workers needed to support their operations in the US. Hotels often face shortage in skilled labor, a careful usage of the above 7 visas will ensure constant flow of workers. Through our membership in the Global Alliance of Hospitality Attorneys, we will continue to offer our clients superior service.

    More... (

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  • cheg
    08-29 10:24 PM
    If I were you I would just do paper-based application for I-765. I just checked the pdf file and it doesn't have any questions that one would have a hard time answering. Just fill it out and fed-ex it. :) That's what I will do once I keep on renewing my EAD.

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  • mlkedave
    03-07 08:05 AM
    o, i didn't realize the order, i feel pretty stupid...

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  • yabadaba
    04-23 09:03 AM
    u have to wait till ur 140 is will tell u which category uscis processed it under.


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  • Cheran
    05-10 09:55 AM
    The only valid statement is with a guy with older priority date, everyone else there is no valid point!!!

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  • number30
    03-31 04:20 PM
    Thanks for the reply.

    How to dispute against this fake criminal record in background check.

    Go check the history your self. Ask the conulting company to provide the copy. Check this web site. .html


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  • gparr
    July 27th, 2005, 06:25 PM
    Ajp, your too hard on yourself, I think your version turned out great. Gary, how about a psd version for the nikon users, although I may be wasting my time since you've several nice results from those who have posted.

    Ask and you shall receive. It's a 40 MB monster file. I took the RAW file and ran it through the PSCS RAW converter without altering it in any way, then saved as a psd file. Hope it's what you need.

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  • RedHat
    08-29 11:41 PM
    Today i got REF regarding my GC .
    USCIS is asking me to provide following:

    1)All Documents pertaining to US immegration status. Including most recent I-94 , EAD, and all my H1 copies
    2)Copies of all US Federal Tax retuns ever filed.
    3)Copies of first and last pay stubs of all US employers.
    4)Birth Ceritificatates
    5)Marriage cetificate and cermony photos.

    I have all documents except my first paycheck of the first employer.

    I came to USA in the year of 1999 without my employer permision.
    I stayed with frieds help without informing the my employer(who filed the H1B was not interested to bring me usa becuase market was not good). It took 8 months to get job after that i contact my employer and i was with him for 6 months and joined another company.

    Only problem is , i stayed 8 months in the USA without job(without status).

    Between 1999 to 2007 i visited inida 4 times without any issues.

    USCIS is asking me submit my first paycheck. - I did not work first 8 months

    Anyone can guide me how to handle this case?.

    If i tell my employer was not paid first 8 months will that be any problem?
    And what are chances of get my GC.

    Please help!


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  • kannan
    07-21 03:02 PM
    Has the legal name of your company changed in the recent times. It happened in my case (used to work for a big 4 firm), the I-140 petition was filed with the name "123 extended business services LLC". Later the company lawyers applied another I-140 was filed with a name of "123 Consulting extended business services". Both my I-140's got approved within a gap of 3 months.

    Actually this is my previous employer I-140. I ported the PD only.Do i have to worry.

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  • drona
    09-10 02:19 PM
    We've had 19 members join WA State Chapter in the past two days, let's keep it going. Please get active in your state chapter and help IV succeed.


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  • iam_amit
    02-21 12:52 AM
    is it safe to apply change of status from H1b to H4 while staying in US and once she gets a job can get stamping out of US as H1B with supporting docs.


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  • andycool
    07-03 12:58 PM
    First thing is stop issuing student visa

    last year around 700,000 student visas were issued , why issue move visas .....because international students pay 200% tuition ;) :D:eek:



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  • Saralayar
    07-31 05:53 PM
    Hi All,

    We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
    We are planning to go in August 2007 itself.

    Lets say if our h1 extension is rejected or some issue what will be our status?
    Can we come back to US and plan for our india travel or we have to leave to india from there itself?

    I heard that mexico has different rules?

    Thanks for your help.
    You can not enter back into US if ther visa gets rejected. You have to go to your country from Canada itself. Mexico also has the same rules and not different. Consult your attorney too.

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  • LongJourny
    01-22 12:10 AM

    I just checked my transfered h1b petition. It says reciepient date as aug, 23rd and work permit starting august 28. My previous company (A) fired me on 23rd. So, this is my case.
    I also would like to remind you that after shifting to Company B I got my H1b visa stamped. This is the second time I am going for stamping for visa renewal.

    Given that my h1 transfer recipient date is aug 23rd (same day I got laid off),am I still safe?
    Please also let me know if I could use adv. parole if some worst happens and get my h1 renewal visa gets rejected. Please respond me as soon as possible. Thanks.


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  • vdlrao
    11-19 03:50 AM
    Hello All,

    I just got my EAD approved and I am waiting for my AP. I want to go back to school full time to pursue more education. If I do so, what will happen to my immigration status?

    Can I continue on my EAD? If yes, How?
    If I transfer to F-1, what will happen to my PD, EAD and AP?
    After completion of studies, can I utilize my PD or EAD?

    Please advice!

    I presume you can continue your studies using your EAD. Yes you could utilize that EAD after your studies too. And at any given point of time one can have only one Staus. So in your case its either EAD or F1. If someone's EAD is already approved, I dont think that someone could change to F1 unless his/her EAD has been denied.

    PS: I am not a lawyer. This is just my openion.

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  • saketkapur
    10-09 07:56 AM
    situation is quite different from CA. True, for first time driver's license, you have to show legal status proof. But, you are issued license for 4 years, irrespective of when your current status expires.
    For DL renewal in CA, it happens by mail. You once again get 4 year license. No status proof required.
    There is definitely no concept of different form of DL in CA where an officer will be able to receogize from the DL, whether is PR or not, as has become the law in Texas.
    CA is quite cool with respect to DL renewals.

    CA is now issuing lisences only until you can show the proof of my case it was the H1B stamp. Also it took them 3 months to renew my lisence...another reason to keep my H1B and not move onto EAD.


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  • ziri
    09-10 11:02 PM

    According to the illustrious director of uscis, Mr Emilio Gonzalez, the backlog reduction centers have made rapid progress. In feb 2004, form i140 took 11 months to clear, but as of july 2006, there are zero, i repeat 0 backlogs. It is awesome that he is focusing on the positive, but I would also like to know is how many hundreds of thousands are waiting for their first stage labor to clear.

    This is crazy. How come am waiting for my I-140 since May 15, 2006

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  • H1B-GC
    09-17 02:42 PM
    2 times I returned back from Intl trips, the officer kept 1 original. I am left with 1 original. I have one intl trip to make before my renewed AP arrives.

    From the discussion, I think the officer will stamp the last original, make a copy and give the original back.

    Have a Photocopy of the AP with a "Copy" Seal on it just in case... I had 2 original AP's and both the Times i travelled international - From Rome and Hyd,India to US , the Immi. Officer gave back the Original with the Stamp on it. you could request the Officer to give back the AP explaining your case. This shouldn't be a matter of concern.

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  • gc28262
    09-10 02:58 PM
    I had a similar issue when I applied for AP from TSC.
    Online status said approved, but never received it for a couple of months.

    You probably will have to wait for 30 days if you haven't received it. If the address is incorrect and AP returns undeliverable you can request them to resend it.

    Please follow the following threads:

    gimme Green!!
    06-14 04:54 PM
    On what basis does I-485 get processed?
    Is it based on Labor application (Priority Date) or by date of receipt of I-485 application? :confused:

    Or by luck of the draw?:cool:

    07-17 06:21 PM
    I pledge $100 right now to IV. I will make the payment tonight.

    I just made the payment. It is easy folks please contribute....

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